Jeffrey Epstein’s lax treatment raises debate about house arrest

In this June 30, 2008 file photo, Jeffrey Epstein appeared in Palm Beach County Circuit Court. His plea deal, jail sentence, and work release is the focus of a new criminal investigation by the Florida Department of Law Enforcement. (Uma Sanghvi/AP)

Other suspected criminals might pay the price for Jeffrey Epstein’s lenient treatment at the Palm Beach County Jail.

The Sheriff’s Office recently urged a judge to revoke house arrest for two men who are appealing their convictions for sex crimes. That followed the agency’s move this month to stop any more inmates from enrolling in its work-release program, a separate program that lets people leave jail for jobs during daytime hours.

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A judge and attorneys for the two men think they’re targets of a political backlash, suggesting another example of uneven treatment from the Sheriff’s Office.

“I know it’s coming off the Epstein case, and this is a very different case from Epstein,” said Circuit Judge Cheryl Caracuzzo.

Sheriff Ric Bradshaw’s agency has come under fire after allegations that Epstein — a wealthy, well-connected financier accused of operating a worldwide ring of sex trafficking — was allowed to have sexual encounters during his work release in 2009, despite the presence of deputies who were paid to guard him.

After a public outcry, Gov. Ron DeSantis ordered a criminal investigation by the Florida Department of Law Enforcement, and the county’s Criminal Justice Commission, a 32-member panel that studies law enforcement issues, is reviewing the work-release program.

Unlike work release, house arrest allows a person to be released to their home, typically wearing an ankle monitor, while they appeal their case.

Teri Barbera, the sheriff’s spokeswoman, did not respond this week to two requests for an explanation about the house arrest cases. Glenn Cameron, attorney for Bradshaw, could not be reached despite a call to his office.

Cameron on July 29 asked the court to throw out orders approving house arrest for former sheriff’s deputy Jason Nebergall, 40, who is appealing an eight-year prison sentence for an attempted rape while on duty. Cameron also asked to revoke the house arrest for Donald Cassaday, 51, who is appealing a 10-year sentence for sexual battery on a helpless person age 18 or older.

The Sheriff’s Office argued that, under the agency’s rules, sex offenders are not eligible for house arrest, even if ordered by a court.

The court turned down the request, but the decision did not put to rest concerns about unfair treatment from the agency.

Palm Beach County Sheriff Ric Bradshaw ordered a freeze on new participant in the jail's work release program, following criticism of the agency's handling of sex offender Jeffrey Epstein in 2008. (Sun Sentinel)

Although the Sheriff’s Office did not cite the Epstein controversy, the defense attorneys said it clearly was the motivation for the agency’s action. The two felons never violated house arrest, and the Sheriff’s Office had never opposed the arrangement previously, said Michael Salnick, whose West Palm Beach law firm represents the men.

“They’re not on work release; they’re on house arrest, they’re following the rules, but they got caught up in the Epstein landslide,” Salnick said.

"The Sheriff’s Office policies are very, very ambiguous, and no matter what they say, there’s still a provision in there that says if you’re ineligible and the court orders it, you can still have it. But they’re so concerned because of what happened with Epstein that they went after these two because there’s a lot of scrutiny going on now.”

The defense offered an alternative for a private company to monitor Nebergall and Cassaday, but the judge rejected that idea and ordered the Sheriff’s Office to continue to watch the two men.

Palm Beach County Sheriff's Deputy Jason Nebergall testifies on Thursday July 12, 2018. He was convicted of attempted sexual battery while in possession of a weapon. (Marc Freeman / Staff)

It’s not clear whether the sheriff’s office will appeal the orders concerning Nebergall and Cassaday, or file similar requests against other individuals serving court-approved house arrest.

Before his suicide, public outrage focused on Epstein’s deals with prosecutors more than 11 years ago, when he was given immunity from federal charges concerning attacks on dozens of minor girls, some as young as 14.

On June 30, 2008, Epstein pleaded guilty to two state prostitution charges and agreed to an 18-month jail sentence, registered as a sex offender, and promised to reach financial settlements with dozens of victims. Epstein wound up serving only 13 months at Palm Beach County Jail — and the majority of that time was spent in a work-release program.

Records released this month show Epstein was given an array of special privileges, from an unlocked cell in a special wing of the stockade, to a work-release schedule of six days a week, up to 12 hours per day, at a West Palm Beach office building.